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MOTT v. DUNCAN PETROLEUM

51 N.Y.2d 289 (1980)

In the Matter of the Claim of Mary Mott, Appellant, v. Duncan Petroleum Trans. et al., Respondents. Workers' Compensation Board, Respondent.

Court of Appeals of the State of New York.

Decided November 18, 1980.

Attorney(s) appearing for the Case

Seymour J. Bernstein for appellant.

Albert R. Couchman, Jr., for North River Insurance Company, respondent.

Chief Judge COOKE and Judges GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur.

JASEN, J.

On this appeal claimant-appellant Mary Mott asserts that she is the widow of John Mott by virtue of a common-law marriage allegedly contracted in the State of Georgia and seeks to recover death benefits pursuant to the Workers' Compensation Law. (Workers' Compensation Law, § 16.) The Workers' Compensation Board, however, denied the benefits sought upon the ground that John and Mary Mott were never...

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